Can I travel when my AOS case still in progress with H1B status

[mamek 0]

I dated my current wife(US citizen) for 4 years and finally we got married on Sep 2008.

I had submiitted all the AOS documents(I-130, I-485, I-693, I-864, G-325A) on Jan 2009 and currently the case is still in progress...

I am currently in H1B status.. my H1B will expired in 2011.. supposely, If I travel outside US, I need to goto US embassy in my country to obtain the VISA in order for me to get back into US..

Now, I might have a 1 month business trip to Asia on April, will that be a problem to travel overseas now when my AOS case is pending with my H1B status valid? do I need to get a AP before I leave US?

Need advice ..

THanks.

[Fuzzymiss 2]

From what I've learned you can travel with an H1B, but I have heard from other VJers that once you file your AOS you're 'giving up' your H1B. It's kind of annoying as you can't apply for AP because you already have a visa that lets you come and go..but you have to relinquish it once you begin AOS.....

[kumar1234 0]

From what I've learned you can travel with an H1B, but I have heard from other VJers that once you file your AOS you're 'giving up' your H1B. It's kind of annoying as you can't apply for AP because you already have a visa that lets you come and go..but you have to relinquish it once you begin AOS.....

Fuzzymiss,

If it amounts to giving up H1B then how can someone who was on H1B work in US while one's AOS is pending and one has not received EAD?

Thanks!

[KPC 0]

Yes, If you are a H1 (or L1 like me) then you are exempt from requiring an AP to get back in the country when you travel - you can travel freely and re-enter the USA using the H1/L1 whilst you wait for the AOS.

The only exception is if the H1/L1 becomes invalid, such as if you change employers and start using the EAD which you applied for with the AOS - then you will need the Advance Parolel

If I travel outside US, I need to goto US embassy in my country to obtain the VISA in order for me to get back into US..

Thats not true - assuming your H1B is valid then that is all you need to get back into the US.

[mamek 0]

Thats not true - assuming your H1B is valid then that is all you need to get back into the US.

My old H1B Visa has been expired. I only renew my H1B in US on Oct, 2008, I only have the I-797 approval form with me now with the new I-94 of the expired date of 2011. Don't I need to obtain a Visa if I leave country in order for me to get back in?

[KPC 0]

My old H1B Visa has been expired. I only renew my H1B in US on Oct, 2008, I only have the I-797 approval form with me now with the new I-94 of the expired date of 2011. Don't I need to obtain a Visa if I leave country in order for me to get back in?

I'm confused, in your first post you said that your H1B expires in 2011, did they not stamp the H1B Visa in your passport? If this is the case then that should be all you need to get back in the country (though it won't hurt to carry a copy of the I797 with you).

The H1B Visa will get you back into the country - you will just get a new I-94 when you come through immigration.